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Sex and HIV Education

Background

Beginning in the 1970s, concerns over teen pregnancy– and later HIV/AIDS–galvanized widespread public support for sex education in schools. Most states today have a policy requiring HIV education, usually in conjunction with broader sex education. Meanwhile, as debate over the relative merits of abstinence-only-until-marriage versus more comprehensive approaches has intensified, states have enacted a number of specific content requirements. This brief summarizes state-level sex and HIV education policies, as well as specific content requirements, based on a review of state laws, regulations and other legally binding policies.

Highlights

General Requirements: Sex Education and HIV Education

24 states and the District of Columbia mandate sex education.

22 states and the District of Columbia mandate both sex education and HIV education.

2 states only mandate sex education.

34 states and the District of Columbia mandate HIV education; of these states, 12 mandate only HIV education.

27 states and the District of Columbia mandate that, when provided, sex and HIV education programs meet certain general requirements.

13 states require that the instruction be medically accurate.

26 states and the District of Columbia require that the information be appropriate for the students' age.

8 states require that the program must provide instruction that is appropriate for a student’s cultural background and not be biased against any race, sex or ethnicity.

2 states prohibit the program from promoting religion.

38 states and the District of Columbia require school districts to involve parents in sex education, HIV education or both.

22 states and the District of Columbia require that parents be notified that sex education or HIV education will be provided.

3 states require parental consent for students to participate in sex education or HIV education.

37 states and the District of Columbia allow parents to remove their children from instruction.

Content Requirements When Sex Education is Taught

18 states and the District of Columbia require that information on contraception be provided.

37 states require that information on abstinence be provided.

27 states require that abstinence be stressed.

10 states require that abstinence be covered.

18 states require that instruction on the importance of engaging in sexual activity only within marriage be provided.

12 states require discussion of sexual orientation.

9 states require that discussion of sexual orientation be inclusive.

3 states require only negative information on sexual orientation.

13 states require the inclusion of information on the negative outcomes of teen sex and pregnancy.

28 states and the District of Columbia require the provision of information about skills for healthy sexuality (including avoiding coerced sex), healthy decision making and family communication when sex education is taught.

25 states and the District of Columbia require that sex education include information about skills for avoiding coerced sex.

22 states require that sex education include information on making healthy decisions around sexuality.

11 states require that sex education include instruction on how to talk to family members, especially parents, about sex.

* Sex education typically includes discussion of STIs.
† Sex education is not mandatory, but health education is required and it includes medically accurate information on abstinence.
‡ Sex education "shall not be medically inaccurate."
Ω Localities may include topics such as contraception or STIs only with permission from the State Department of Education.
Ψ Sex education is required if the pregnancy rate for 15-17 teen women is at least 19.5 or higher.
ξ State also prohibits teachers from responding to students' spontaneous questions in ways that conflict with the law's requirements.

Content Requirements for Sex* and HIV Education

STATE

WHEN PROVIDED, SEX EDUCATION MUST

WHEN PROVIDED, HIV EDUCATION MUST

Include Information on

Include Life Skills for

Include Information on

Contra-ception

Abstinence

Importance of Sex Only Within Marriage

Sexual Orientation

Negative Outcomes of Teen Sex

Avoiding Coercion

Healthy Decision-making

Family Communication

Condoms

Abstinence

Alabama

X

Stress

X

Negative

X

X

X

Stress

Arizona

Stress

ᶲ

X

X

Stress

Arkansas

Stress

X

X

Stress

California

X

Cover

Inclusive

X

X

X

X

Cover

Colorado

X

Cover

Inclusive

X

X

X

X

Cover

Delaware

X

Stress

Inclusive

X

X

X

Stress

Dist. of Columbia

X

X

Florida

Stress

X

X

X

Stress

Georgia

Stress

X

X

Cover

Hawaii

X

Cover

X

X

Stress

Illinois

X

Stress

X

X

X

X

Stress

Indiana

Stress

X

Stress

Iowa

Inclusive

Kentucky

Stress

X

X

Cover

Louisiana

Stress

X

Stress

Maine

X

Stress

X

X

X

Stress

Maryland

X

Cover

X

X

X

Cover

Michigan

Stress

X

X

X

X

Stress

Minnesota

Cover

X

Cover

MississippiΩ​

‡

Stress

X

X

X

Stress

Missouri

Stress

X

X

X

X

Stress

Montana

Cover

Cover

New Hampshire

X

X

Cover

New Jersey

X

Stress

Inclusive

X

X

Stress

New Mexico

X

Cover

Inclusive

X

X

X

X

Stress

New York

X

Stress

North Carolina

X

Stress

X

X

X

X

X

Stress

North Dakota

Cover

Ohio

Stress

X

X

Stress

Oklahoma

Stress

ᶲ

X

Cover

Oregon

X

Stress

Inclusive

X

X

X

X

Stress

Pennsylvania

Stress

Rhode Island

X

Stress

Inclusive

X

X

X

Stress

South Carolina

X

Stress

X

Negative

Stress

Tennessee

Stress

X

X

X

X

X

Stress

Texas

Stress

X

Negative

X

X

X

X

Stress

Utahξ​

Stress

X

X

X

X

Stress

Vermont

X

Cover

X

X

X

X

Cover

Virginia

X

Cover

X

X

X

X

Cover

Washington

X

Stress

Inclusive

X

X

X

X

Stress

West Virginia

X

Cover

X

X

X

X

Cover

Wisconsin

Stress

X

Stress

Wyoming

X

TOTAL

18+DC

37

18

12

13

25+DC

22

11

20

39

* Sex education typically includes discussion of STIs.
ᶲ If HIV education is taught in Arizona it cannot "promote" a "homosexual lifestyle" or portray homosexuality in a positive manner. Mandated HIV education in Oklahoma teaches that among other behaviors that "homosexual activity" is considered to be "responsible for contact with the AIDS virus."
Ω Localities may include topics such as contraception or STIs only with permission from the State Department of Education.
ξ State also prohibits teachers from responding to students' spontaneous questions in ways that conflict with the law's requirements.

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